Selection of contractors to perform Customer's Mandate
CIFFA Section 6 A
The Company shall exercise reasonable care in the discharge of its obligations including the selection and instruction of third parties that provide any services engaged on behalf of the Customer.
NCBFAA Section 1.
(The Freight Forwarder) . . . undertakes only to use reasonable case in the selection of carriers . . . . and others to whom it may entrust the goods for transportation or otherwise.
NSAB Section 24. The freight forwarder is not liable for acts or omissions of third parties in performing the transport, loading, unloading, delivery, clearance, storage, collection or other services rendered by the freight forwarder, provided he can prove that he has acted with due diligence in choosing such third parties.
SSV Section 21.
Sub-contractors
If sub-contractors (carriers, forwarders, customs agents, warehousemen etc.) are employed, the forwarder is liable only in respect of their careful selection and instruction.
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Peter Jones' Commentary:
This is the basic responsibility of a forwarder engaged as agent to arrange transport of its customer's goods. See comments in the FIATA Legal Handbook on Forwarding, (2d) at pp. 81- 82. The exercise of reasonable care is the overriding responsibility of a forwarder. All other provisions must be read in the light of this duty. See comments in the FIATA Legal Handbook on Forwarding (2s) Chapter 3, at p 21.